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HomeMy WebLinkAboutZBA-11/14/1957 6 can S O UTH O LD, L. L, N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen M I N U T_ N_ S, Herbert Rosenberg Charles Gregonis, Jr. Southold Town. Board of Appeals Serge Doyen, Jr. November 14, 1957 A regular meeting.of the Southold Town Board of appeals was held at 7:30 P. M. on Thursday, November 14, 1957, in the Town Clerkts Office, Southold, N. Y. There were present: Mr. R. W. Gillispie, Jr., Chairman Mr. Robert Bergen Mr. Herbert Rosenberg Mr. Serge Doyen, Jr. Absent: Mr. Charles Gregonis, Jr. Also present: Mr. Howard M. Terry, Building Inspector PUBLIC HEARING Appeal No. 35, application of Charles L. Becker of 161-30 129th Avenue, Jamaica, N. Y., for a variance to the Zoning Ordinance under ARTICLE III, Sections 303 and 307 on lot on North Side of Sound View Avenue, Southold, N. Y. , 301 frontage, 10t rear x 25514 2501 in depth. Mr. Becker and Mr. Matthew J. Clark, acting as agent for Mr. Becker, were both present at the hearing. Application for appeal, letter to Mr. Becker advising of date of public hearing and legal notices with affidavits from two official town newspapers were read by the Chairman. Chairman: "Is there anyone present who wishes to speak f1for" this appeal111—` Mr. Becker: HI have laid out on the form and sketch attached just what I would like. I can further that by showing pictures of the property. I will stay away about 3 to 5 feet from the corner. I do not see what objection there would be to my putting up a nice little house. " Mr. Rosenberg: "I do not think there is any question raised about what kind of house you are going to put up. You may not go further out than Clark1s house or McDonald's house. You would have to be on the line according to the Ordinance. You must not put the house any further on the Sound than the houses in the vicinity. " forward.,+ Mr, Becker: "The Clark house is away back and the McDonald house is further T 2 Board of Appeals Novembe 4, 1957 MIIA�TTES, Continued Mr. Rosenberg: "The Clark house and the McDonald house are on a line about 9-1/2' back from the monument. Between the two monuments Mr. Becker's property is 221. At the high water mark it is. 301.11 Mr. Becker: "I thought it was 25' but I know you have been down to see the property Mr. Rosenberg." Chairman: IlThis proposed building is to be a rental unit?" Mr. Becker: "No. I want to use it for myself. I would not say that I would not rent it but at the present I intend to use if for my wife and myself." Mr. Terry: "Do you have a surveyor's map?" Mr. Clark: "No. We only have a description of the property and Mr. Becker's sketch.H Chairman: III understand that the Clark barn is 6' from the property line and the McDonald outbuildings are about 5' from the line. Mr. Rosenberg: IfMight I ask, Mr. Becker, when you bought this land?11 i Mr. Becker: °I bought it April _4, 1957•11 Mr. Rosenberg: "Dial you know that 13 other people have right of way privileges to the beach. You stated that they will have a path to the beach. Isn't it up to them to decide where they will walk? It is in their deed isn't it that the right of way exists over all of the property?" Mr. Becker: "They will still have a path to the beach. I have a stairway there now and there is nothing to prevent me from tearing it down if I want to. I did not say I will but I could. They have ingress' and egress. Chairman: "This is just a point of interest. Mr. Clark youare representing Mr. Becker. When this property was sold to these 13 other people I presume that one of the inducements was that they would have the right to ingress and egress to the beach. Who put in the stairway?" Mr. Clark: IlIt w1as put there originally by me and then the folks would get `together and put in new stairs when necessary if they were damaged by hurricane or storm. There is also a plank walk there now. ' Mr. Becker: III carry liability insurance on it now." Chairman: [GIs there anyone present who wishes to speak nagainstil this appeal?" Mr: Rosenberg: "I have a few letters here which were sent to me from some of the interested parties." Letters from Mr. John E. Sebor, Mr. Charles Ruderman and Mr. W. J. McDonald were read by the Chairman. The letters opposed the violation t*K of the right of way and it was explained to Mr. Becker that the Board was not concerned with interpretation of the law but only the Zoning Ordinance. Chairman: IfIs there anyone else, Mr. Terry, that you know of who has expressed an objection to the granting of this variance?" 3 Board of Appeals November 14, 1957 MIIRFXF,S, Continued Mr. Terry: "There have been a lot of ihquiries and I know the Clark family on the westerly side object to any change." Chairman: "I am going to make a suggestion. We can either make a decision on this now or we can postpone the decision until, and this is just a suggestion, you determine whether or not these people are going to prevent you from building a house on this property. It has been brought to our attention that injunctions have been obtained to prevent someone from building on property where people have a right of way. This is something we cannot determine for you. So far as the Zoning Ordinance is concerned I believe that we would not or could not properly deny you the use .of your property. However, we probably would not vary the side yard requirements under 50 percent, which is 25 feet, since this is such a narrow lot. The closest you could probably come would be 5 feet 'on one side and 7-1/2 feet on the other side. You could possibly obtain from the people who have a right of way across this property some sort of document, which could' be prepared for their signature, stating that it was alright for you to build." Mr. Becker: "I personnally think that if Mr. Terry would have told. me about this variance I would not have had to pay $15.00 to find out about it. " Dhairman: "Mr. Terry cannot speak for the Board of Appeals. I think that the attitude of this Board would be that we would not give under 50 percent of the variation.0 Mr. Becker: "Mr. McDonald is right on my line and I can cut everything down that is on my line. I would not want to do it but I could do it." "McDonald and Clarks have no right to this right of way. " Mr. Doyen: "Mr. Becker the Board has certain policies which have to be followed through. We are not here to prevent you from building. We are here to carry out the provisions of the Ordinance. Do we say you cannot build?" Mr. Becker: "No. You are advising me." Chairman: "You will have to admit that this is a narrow lot. As I said before, we cannot deprive you of the use of your preperty and would not want to but I am suggesting that someone might prevent you by legal means, and I understand that this can be done by any, one of the people who have ingress and egress over all of the property. I would think that you should determine this first." Mr. Clark: "In the very beginning when the easements were given I do not think that it was the intention to give them easement over all of the property." Chairman: "It is a fact that the right of way exists. The deed we have here states it is over all of the property. " Mr. Becker: "You will grant me a variance?" Mr. Rosenberg: "Yes a variance could be granted up to 50 percent, which would be 5' on one siae and 7-1/21 on the other. " Mr. Becker: "You could not lower it any?" Chairman: "I think the Board is prepared to make a decision." Pair. Becker: "Can any decision be appealed at any time?" 4 Board of Appeals- November b, 1957 MINUTES, Continued Mr. Rosenberg: "Our decision will be filed with the Town Clerk. You have an opportunity within 30 days after our report has been filed in which to appeal our decision. Your appeal would be to the Supreme Court of Riverhead.". Decision: It was the unanimous decision of the Board that the appeal be denied. The Board was unwilling to vary the side yard requirements beyond 50 percent, as requested. PUBLIC BEARING — Appeal No. 36 on application of Miss Helen J. Medeiros of 727 First Street, Greenport,. N. Y., for a variance to the Zoning Ordinance under ARTICLE III, Section 303 on lot 1501 in width on Sunset Lane, Greenport, N. Y. Variance re— i5 quested in order to divide lot into two 751 lots. Application for appeal, letter to appellant advising of date of public hearing and notices with affidavits from two official town newspapers were read by the Chairman: Chairman "Is there anyone present who wishes to speak "for" this appeal?" Miss Medeiros: "I bought the lots or property with the intention of building on one lot and my nephew intended to build_ on the other. I am asking for the variance as I possibly might like to sell one or both of the lots. I might be able to sell it as one lot but if not I would like to have the privilege of selling both as 75 foot lots. All of the property in this vicinity and on this Lane are of the 75 foot width. Decision: Board unanimously agreed to grant the variance since lot was purchased and held in single and separate ownership before the enactment of the Zoning Ordinance and it was the determination of the Board that the variance observed the spirit of the Ordinance and would not change the character of the district since all other lots in the district are of similar size. PUBLIC IMARING — Appeal 37 on application of Kenneth A. Papish, K. A. Papish Equipment Company, Sound Avenue, Mattituck, N.Y. , for a variance to the Zoning Ordinance under ARTICLE II, Section 202, for an addition to a non—conforming business on South Side of Sound Avenue, Mattituck, N. Y. Lot: 2001/1771 x 3251/2351. There being no one present to speak either "for" or "against" this appeal the Board studied petition and accompanying data. It was the unanimous decision of the Board to grant the variance for an addition to a non—conforming business whose building program was not complete at the time of the enactment of the Ordinance. The Board's feeling was that the variance observes the spirit of the Ordinance and would not change the character of the district as the business is located in an open area and not close to any residence or dwellings. Minutes of the October 31st meeting were read. On motion made by Mr. Bergen, seconded by Mr. Rosenberg, and carried, minutes were approved. The next meeting of the Board will be held on December 14, 1957• Meeting adjourned at 11:05 P.M. Respectfully submitted Grace B. Meyer Secretary J IN